Dailey v. Coons

This suit was commenced before a justice of the peace, by the appellee, against the appellant and Jesse Hartzog, as partners under the firm name of “ Hartzog & Dailey.”

Hartzog was not served before the justice. Service was had on Dailey, who made default, and the justice rendered judgment against him, with costs.

A new trial was granted, and Hartzog appeared to the action. Hpon a second trial, the justice found against Hartzog and in favor of Dailey, and rendered judgment accordingly. From this judgment an appeal was taken to the circuit court, wherein a jury trial was had, and a verdict…